These Terms of Service (“Terms”) govern your use of the Toga mobile application (the “App”) and related services (collectively, the “Services”).
The Services are operated by Toga Performance, Inc. (“Toga,” “we,” “us,” “our”), a Delaware corporation registered to do business in New York.
Contact: support@togaperformance.com
Mailing address: 127 West 96th Street, New York, NY 10025, USA
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are 18+ and have the legal capacity to enter into these Terms.
The Services provide fitness and wellness coaching and educational information, including running training plans, strength routines, injury prevention education, return-to-run guidelines, and general injury-related educational guidance.
TOGA IS NOT A MEDICAL PROVIDER and does not provide medical advice, diagnosis, treatment, physical therapy services, or emergency services. Nothing in the Services creates a doctor–patient, therapist–patient, or other healthcare professional relationship.
Always seek the advice of a qualified healthcare professional with questions about a medical condition or injury. Do not disregard or delay seeking professional medical advice because of something you read or receive through the Services.
Stop using the Services and seek medical attention if you experience pain that worsens, swelling, numbness/tingling, dizziness, fainting, chest pain, shortness of breath, or any other concerning symptoms. In an emergency, call your local emergency number immediately.
Physical activity carries inherent risks of injury, illness, or death. You voluntarily assume all risks associated with your activities and use of the Services.
The Services may include an AI chatbot coach. AI-generated outputs may be inaccurate or incomplete and are provided for general informational and coaching purposes only. Do not rely on AI outputs for medical decisions, diagnosis, or treatment.
You may need an account to access features. You agree to:
You are responsible for all activity under your account.
Certain features may require you to enable device permissions (e.g., location, motion/fitness, Apple Health) or provide health-related inputs (e.g., injury location, symptoms, pain scores).
You can disable permissions in your device settings, but some features may not work properly if you do.
Toga subscriptions and in-app purchases are processed by Apple through the Apple App Store. Apple’s terms and policies apply to payments, renewals, cancellations, and refunds.
If you purchase an auto-renewing subscription, it will renew unless you cancel through your Apple account subscription settings before the renewal date.
We may offer a free tier and/or free trials. Trial eligibility and duration will be disclosed at sign-up. If you do not cancel before the trial ends, you may be charged through Apple.
Refunds are handled by Apple under its policies. You may contact us at support@togaperformance.com and we may assist you on a case-by-case basis, but we cannot guarantee a refund and we do not control Apple’s decisions.
The Services may integrate with third-party platforms such as Strava, Garmin, Apple Health, Polar, Training Peaks, Final Surge and Coros via Terra or other providers. If you connect integrations, you authorize us to access and use data from those services as described in our Privacy Policy.
Third-party services are governed by their own terms and privacy policies. Toga is not responsible for third-party services.
You agree not to:
If you submit content through the Services (e.g., chat messages, injury notes, feedback) (“User Content”), you retain ownership of your User Content.
You grant Toga a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and use your User Content to operate, provide, maintain, and improve the Services and to comply with law.
If you provide feedback or suggestions, you grant us the right to use it without restriction or compensation.
The Services and all related content and software are owned by Toga or its licensors and protected by law. You receive a limited, personal, non-transferable, non-exclusive license to use the Services for your personal, non-commercial use.
To the maximum extent permitted by law, the services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the services will be uninterrupted or error-free.
To the maximum extent permitted by law, toga will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to your use of the services.
Toga’s total liability for any claim arising out of or related to the services will not exceed the greater of (a) usd $100 or (b) the amount you paid to toga for the services in the 12 months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless Toga and its officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your User Content, or your violation of these Terms.
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or if we discontinue the Services. Sections that should survive termination will survive.
We may update these Terms from time to time. If we make material changes, we may provide notice in the App or otherwise. Continued use after changes means you accept the updated Terms.
These Terms are governed by the laws of the State of New York, excluding conflict-of-law rules. You agree that any dispute will be brought in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.
Questions about these Terms: support@togaperformance.com